Sec. 262-121. - Created, boundaries.

That a special taxing district is hereby created to be known as "Naples Harbor District," to consist of so much of Collier County, Florida, as is described and embraced in the following boundaries, to-wit:

Commencing where the south line of Section 9, Township 49 South of Range 25 East in Collier County, Florida intersects the Gulf of Mexico; thence east along the north line of Sections 16, 15, 14 and 13 to range lines between Ranges 25 and 26; thence south along said range line to southeast corner of Section 12, Township 51 South of Range 25 East; thence west along the southern boundary of Sections 12 and 11, Township 51 South of Range 25 East to the Gulf of Mexico; running thence northerly along the Gulf of Mexico to the point of beginning.

(Laws of Fla. ch. 18036 (1937), § 1)

Editor's note—

Laws of Fla. ch. 14766 (1931), § 1 has been deleted as superseded by Laws of Fla. ch. 18036 (1937), § 1. Such latter section did not amend the 1931 act, but created the Naples Harbor District and fixed the boundaries thereof, as did § 1 of the 1937 act.

Sec. 262-122. - Board of commissioners—Powers, duties.

That a governing body of said Naples Harbor District shall be known and designated by board of commissioners of Naples Harbor District, said governing body shall have all the powers of a governing body, including the powers to sue and be sued as a corporation in said name in any court, to make contracts, to adopt and use a common seal and alter the same at pleasure, and to buy, hold, lease and convey such real estate and personal property as said board shall deem proper to carry out the purposes of this article. To appoint a chief engineer and such agents and employees as said board may require, to borrow money, and to issue negotiable promissory notes, bonds and other evidence of indebtedness therefor, to enable them to carry out the provisions of this article.

(Laws of Fla. ch. 14766 (1931), § 2)

Code reference—Boards, commissions, committees and authorities, § 2-816 et seq.

Sec. 262-123. - Same—Initial composition, terms, etc.

The following shall be and constitute the first board of commissioners:

E. W. Crayton, whose term of office shall be for a period of three years;

E. G. Wilkinson, whose term of office shall be for a period of two years;

F. K. Espenhain, whose term of office shall be for a period of one year.

Provided that each shall hold office until the election and qualification of his successor. Successor commissioners shall hold office until the end of the term. At an election to be held in 1938 one commissioner shall be elected for said district to succeed the commissioner whose term expires that year. At an election to be held in the year 1939 one commissioner shall be elected for said district to succeed the commissioner whose term of office expires that year. At an election to be held in 1940 one commissioner shall be elected for said district to succeed the commissioner whose term of office expires that year. At an election to be held annually thereafter one commissioner shall be elected to succeed the commissioner whose term of office expires that year. The term of office of each commissioner shall be for three years and until the election or appointment and qualification of his successor. Any vacancy shall be filled by appointment by the governor or by an election to fill the vacancy for an unexpired term. No person shall be qualified to hold office as commissioner under this article unless such person be a duly qualified elector of Collier County, Florida, and be a freeholder in said Naples Harbor District, and live within its boundaries. The commissioners as named herein shall have 90 days from the passage of this Act and its becoming a law in which to file their respective bonds as commissioners of said Naples Harbor District. Failure to file said bond or bonds within 90 days, as provided herein, shall create a vacancy or vacancies in said board of commissioners for every commissioner herein named that fails within said 90 days to file bond or bonds, as required by this section. Each commissioner under this article, before he assumes the duties of such, shall be required to give to the Naples Harbor District a good and sufficient bond with not less than two sureties or a surety company authorized to do business in the State of Florida, in the sum of $5,000.00 conditioned for the faithful performance of the duties of the office. The bonds so given by each commissioner shall be approved by and filed with the secretary of the board of commissioners of Naples Harbor District, except the bonds so given by the three commissioners herein named shall be approved by the board of county commissioners of Collier County, Florida, and failure of any person at any time elected as commissioner, within 30 days after his election or appointment to give such bond shall create a vacancy in said commission.

The commissioners under this article shall be paid not to exceed $5.00 a day for each day's actual service rendered by such commissioners to the Naples Harbor District in pursuance of their duties as such commissioners, provided, however, that no commissioner or commissioners shall be paid more than the sum of $150.00 during any one year and that the per diem herein provided shall apply to services rendered in the inspection of work performed under this article.

At least once each year the board of commissioners of said Naples Harbor District shall have and cause to be made an audit by a competent accountant of all the books, accounts and records of said board of commissioners and of the secretary and engineer of said district, the compensation for such auditor or accountant to be fixed by the board of commissioners of said Naples Harbor District.

(Laws of Fla. ch. 14766 (1931), § 3; Laws of Fla. ch. 18036 (1937), § 2)

Sec. 262-124. - Election of commissioners.

All elections as provided for herein shall be called by the board of commissioners of the Naples Harbor District by publishing a notice of the date when the same shall be held once each week for four weeks before the date of such election, in a newspaper published in Collier County, Florida, or by posting a notice in three places within the boundaries of said district, one of which shall be the post office in Naples, Collier County, Florida, such posting to be for a period of not less than four weeks before the calling of such election, and said commissioners shall cause ballots to be prepared and delivered for the purpose of conducting said election; the names of candidates for the office of said board of commissioners of Naples Harbor District shall be handed to said board of commissioners not later than ten days prior to the date of such election; said board of commissioners shall canvass and declare the result of said election. The three persons receiving the highest number of votes cast in said Naples Harbor District shall be declared commissioners for said district. If any one or more of any election committee shall fail or refuse to act then the vacancy shall be filled by the remainder of the committee and selected from the qualified voters of said Naples Harbor District. The place and places for the voting as herein provided shall be the same as at the general election last held before such election, or as otherwise designated by the board of commissioners of the said Naples Harbor District.

(Laws of Fla. ch. 14766 (1931), § 4)

Sec. 262-125. - Organization; chairman, secretary.

As soon as practical, after the commissioners hereby designated, shall have qualified, they shall meet and organize by the election of one of their number as chairman and by one of their number as secretary, and the chairman and secretary shall hold office at the pleasure of said board. The secretary shall give bond in such amount as said board shall require, which said bond shall be approved by said board of commissioners to insure the faithful performance of the duties of his office and the proper application of all moneys or other property which may come into his hands, care, custody, possession or control. The board shall have the power to fix the terms and the amount of such bond which may be executed by a surety company duly authorized to do business under the laws of the State of Florida. Upon authorization of the board of commissioners first had and obtained the secretary may employ assistants from time to time in and about the performing of the duties of the secretary, but the expenses of the secretary's office shall not exceed $50.00 for any one calendar month.

(Laws of Fla. ch. 14766 (1931), § 5; Laws of Fla. ch. 18036 (1937), § 3)

Sec. 262-126. - Construction, maintenance of harbor, canals, etc.

That said board is hereby authorized and empowered to construct, build and thereafter to maintain a harbor and entrance thereto, and canals and channels and water ways, docks, quays and wharves, within the boundaries of the district hereinbefore described, and do all the acts and things proper, necessary and convenient for that purpose and in that connection, the dredging, building, maintaining and cutting of said harbor, the entrance thereto, and said canals, channels, waterways are hereby found and declared to be necessary for the maintenance of the health of the inhabitants and for the convenience, comfort and welfare of said district and the inhabitants thereof. The location of said harbor, canals, channels, waterways, docks, quays and wharves shall be determined by the board of commissioners after reports have been made to said board by the chief engineer of said board. In determining the location of such harbor, canals, channels and waterways, docks, quays and wharves due consideration shall be given by said board to the following:

(1)

The kind and nature of materials which shall be encountered in the excavation and dredging;

(2)

The natural depth of water at and near the site of the proposed harbor as to protecting its future maintenance;

(3)

The adaptability of such channels, canals and waterways as a part of an intercoastal canal;

(4)

The utility of and convenience to be served by the works of the district.

Two members of said board shall constitute a quorum.

The vote of two or two-thirds majority, shall be necessary to transact business, provided that no harbor, channels, canals, waterways or docks, quays and wharves shall be constructed until the general plan thereof shall have been submitted to the war department and approved thereby, or, if not approved, no objection thereto be made by the war department, and a sufficient sum of money shall have been provided and set aside for the building and construction thereof.

For any damage or injury occasioned to private property by washing or from other cause resulting from the construction of such harbor, channels, canals or waterways, or docks, quays and wharves the owner of such property shall have the right to maintain and to prosecute a proper action at law or in equity against such district for such damage as may have resulted therefrom, provided, however, that before any suit may be maintained, the owner and the district shall endeavor to arrive at a proper amount of damages that may be payable therefor.

Before any construction work upon such harbor, canals, channels, waterways or docks, quays and wharves shall be undertaken, the chief engineer shall prepare and submit to said board a plan showing in detail a method to be employed in the construction and for providing for full and complete protection to adjacent property from any injury which might follow as a result of such construction, and the estimated cost of such construction.

(Laws of Fla. ch. 14766 (1931), § 6; Laws of Fla. ch. 18036 (1937), § 4)

Sec. 262-127. - Maintenance of waterways.

Said board is hereby authorized and empowered to clean out, deepen or construct any watercourses, waterways, canals, channels or docks, quays and wharves which may be deemed necessary by such board, to serve such district or the inhabitants thereof, or to serve as a part of an intercoastal waterway or to facilitate the opening up, construction and maintenance of said harbor; and also to construct and maintain such jetties, levies, works and other improvements as may be deemed necessary by the board for the adequate maintenance or preservation of the works of said district.

(Laws of Fla. ch. 14766 (1931), § 7; Laws of Fla. ch. 18036 (1937), § 5)

Sec. 262-128. - Acquisition of property.

That said board shall have power and authority to hold, control and acquire by gift or purchase, real or personal property. Said board shall have the power of eminent domain and may thereby condemn and acquire any real or personal property which the board may deem necessary for the use of said district, whether within or without said district, and whether the same is for the location and construction of the work of the district or for the purpose of procuring material for the use of the district in effecting the purposes of this article, or for the maintenance and preservation of the works and improvements constructed or to be constructed under the provisions of this article. The board may condemn for the use of the district any and all lands, easements, rights-of-way, riparian rights and real and personal property of every description required for the purposes of the district. Such power of condemnation shall be exercised in the same manner as is provided by general law for the exercise of the power of eminent domain by cities and towns of the State of Florida. The only prerequisite to the exercise of said board in eminent domain shall be adoption by said board of a resolution specifying the property sought to be condemned and the purposes for which it is to be used.

(Laws of Fla. ch. 14766 (1931), § 8; Laws of Fla. ch. 18036 (1937), § 6)

Sec. 262-129. - Tax levy.

That said board is hereby authorized and empowered to levy upon all the real and personal taxable property in said district a special tax, not to exceed ten mills on the dollar, for the year 1932 and for each and every year thereafter, to be used solely for the purposes authorized by this act. Said levy may be made each year, not later than June 1 of such year, by resolution of said board, adopted by a majority thereof, and duly entered at large upon the minutes. Certified copies of such resolution, executed in the name of said board, by its chairman and secretary, under its corporate seal, shall be delivered to the board of county commissioners of Collier County, Florida, and to the comptroller of the State of Florida, not later than June 15th of each year beginning with the year 1932, and it shall be the duty of the board of county commissioners of Collier County, Florida, to order the tax assessor of said county to assess said taxes so assessed by said board of commissioners of said district upon all taxable property, real or personal, in said district, at the rate of taxation adopted by said board for said year and specified in said resolution and said levy shall be included in the warrant of the tax assessor which is attached to the assessment roll of taxes for each county every year. The tax assessor shall make such assessment and the tax collector shall collect such taxes so levied in the same manner as other taxes are assessed and collected, and shall pay the same when collected, within the time and in the manner prescribed by law for payment of other taxes to the secretary of said board of commissioners. It shall be the duty of said comptroller to assess and levy on all railroad lands and railroad property, telegraph line and telegraph property the amount of each such levy as in case of other state and county taxes, and to collect the taxes thereon in the same manner as is required by law as to the assessment and collection of taxes on such property for state and county purposes, and to remit the same to the secretary of said board in the same manner as such remittances are made in the collection of other taxes. If any taxes as assessed are not paid the property shall be by said tax collector sold, certificate or certificates shall be issued and tax deed or deeds issued in the same manner and under the same law as relating to such sales, issuance of certificates and deeds with reference to all other state and county taxes.

(Laws of Fla. ch. 14766 (1931), § 9)

Sec. 262-130. - Borrowing funds, notes.

That said board is hereby authorized and empowered, in order to provide for the work prescribed by this article, to borrow money temporarily from time to time for periods of time not exceeding two years at any one time, and to issue its promissory notes therefor upon such terms and at such rates of interest, not exceeding eight percent per annum, as said board may deem advisable. Any notes so made and issued may be paid out of the proceeds of the bonds authorized to be issued under this Act, or out of any other revenues or funds of said board, and said notes shall be a charge upon all of the revenues and property of said board not theretofore pledged. All such promissory notes so issued shall bear the name of Naples Harbor District, and be signed by the chairman of said board and countersigned by the secretary of said board.

(Laws of Fla. ch. 14766 (1931), § 10; Laws of Fla. ch. 18036 (1937), § 7)

Sec. 262-131. - Permanent loans, bonds authorized.

That said board is authorized and empowered to borrow money on permanent loans and to incur obligations from time to time on such terms and at such rates of interest as they may deem proper, not exceeding six percent per annum, for the purpose of raising funds to construction and prosecute to completion any and all canals, channels, docks, quays and wharves, jetties, waterways, and harbor and other works authorized by this Act, or which said board may deem advantageous or necessary in carrying out the purposes of this article. And the better to enable said board to borrow money for the purposes aforesaid, it is hereby authorized to issue in the corporate name of said board negotiable coupon bonds of said Naples Harbor District not exceeding in the aggregate the total amount of $150,000.00 to be outstanding at any one time. No such bonds shall be issued having a longer maturity than 30 years from date thereof. And such bonds shall be issued in series maturing from time to time so that they shall begin to mature not later than two years from their issuance.

(Laws of Fla. ch. 14766 (1931), § 11; Laws of Fla. ch. 18036 (1937), § 8)

Sec. 262-132. - Referendum on bonds.

That before the issuance of any of said bonds shall be made, and before any money shall be borrowed on any bonds issued under the provisions of this article, the same shall be provided for by resolution of said board, setting forth the amount and denominations of such bonds, the rate of interest that same are to bear and the time, place and conditions when and upon which the principal and interest thereon shall become due and payable, and no such bonds shall be issued unless the question of the issuance of such bonds shall be submitted and approved by the qualified electors of said district who are freeholders. The form of the ballot shall be "For Naples Harbor District Bonds" or "Against Naples Harbor District Bonds." Such election shall be held at the several places in said district where the last general election was held in said county unless said board shall otherwise order, and said board shall appoint a date for the holding of such election, shall appoint the inspectors of election for each precinct, shall publish notice of such election in one paper published in said county once a week for four consecutive weeks before such election shall be held, or shall post a notice in three places within the boundaries of said district, one of which shall be the post office in Naples, Collier County, Florida, such posting to be for a period of not less than four weeks before the calling of such election. Such election shall be conducted and a canvass of the votes certified to and the returns canvassed substantially in the manner and within the time prescribed for general elections, except as herein otherwise provided, and except that the returns shall be delivered to the chairman and secretary of the said board instead of to the supervisor of registration and county judge. And said board of commissioners of Naples Harbor District shall canvass the returns and declare the result of such election, and cause said result to be recorded in its minutes. If it shall appear by the returns of said election that the number of qualified voters as required by the constitution participated in said election, and that a constitutional majority of the votes cast upon the subject shall be for said Naples Harbor District Bonds said board shall be authorized to issue such bonds to the amount specified in said resolution therefor, and shall use the proceeds thereof solely for the purposes prescribed in this article.

(Laws of Fla. ch. 14766 (1931), § 12)

Sec. 262-133. - Denomination of bonds; payment, etc.

The bonds to be issued by the authority of this article shall be in denominations of $1,000.00. Said bonds shall bear interest at the rate to be fixed by said board not exceeding six percent per annum, which shall be payable semiannually in lawful money of the United States of America at such place or places as said board may deem expedient and shall so specify in their records, the place of payment being specified in said bonds, and in any coupons attached thereto. The principal of said bonds shall be made payable to bear at such periods of time or dates not exceeding 30 years from the date of issuing the same, as said board shall determine. It may in the discretion of said board, be provided that at any time after such date as shall be fixed by said board, the said bonds may be redeemed, at the option of said board, such redemption to be made in the manner specified in this article. If the right shall be reserved to redeem such bonds before maturity, it shall be provided in each bond so issued that if it shall be called for redemption before maturity, notice in writing thereof shall be given by said board to each bank or trust company at which the same shall be made payable at least 90 days before the date fixed for redemption, and in addition thereto, notice thereof shall be published in a newspaper published in Collier County, Florida, and if the board shall deem it advisable, in some periodical published in New York City, New York, once a week for at least four consecutive weeks beginning not less than 90 days prior to the date set for redemption; and any bonds so called for redemption, shall cease to bear interest from and after date so fixed for redemption. If the name and address of the holder or holders of any such bonds is known to said board, such persons shall be given written notice of such redemption, said notice shall be sent through the mails, and the certificate of the secretary of said board that such notices were mailed shall be conclusive evidence of that fact. Said board is hereby authorized to sell such bonds, or any of them, in such manner and for such price as it may determine to be for the best interests of the district, but no such sale shall be made for less than $0.95 on the dollar.

(Laws of Fla. ch. 14766 (1931), § 13; Laws of Fla. ch. 18036 (1937), § 9)

Sec. 262-134. - Form of bonds.

The bonds authorized by this article to be issued shall be signed by each member of said board and attested by the secretary of said board under the seal of said board. Such bonds shall be in such form as shall be prescribed by said board and shall recite that they are issued under the authority of this article, and shall pledge the faith and credit of said board of commissioners of Naples Harbor District for the present payment of the principal and interest thereof. Said bonds shall be numbered consecutively in the order of their issuance. Interest coupons shall be attached to said bonds and said coupons shall be consecutively numbered, specifying the number of the bond to which they are attached, and they shall be attested by the lithographed or engraved facsimile signatures of the secretary of the board and by the chairman. Said bonds shall be recorded by the secretary of the board in a book to be kept for that purpose. Said bonds may be validated pursuant to the provisions of the laws of Florida with reference to the validation of other bonds.

(Laws of Fla. ch. 14766 (1931), § 14)

Sec. 262-135. - Record of bonds.

After said bonds shall have been executed they shall be delivered to the secretary of said board, who shall enter in a book to be kept by him the number of each bond, the rate of interest, its maturity, date of sale and the person to whom sold with his post office address. The secretary of said board shall hold said bonds and be the legal custodian thereof and deliver the same as recorded in its minutes. In case of the officers whose signatures, countersignatures or certificates appear upon said bonds and coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signature or counter-signature of certificate shall nevertheless be valid and sufficient for all purposes in like manner and with the same effect as if such officers had remained in office until the delivery of said bonds.

(Laws of Fla. ch. 14766 (1931), § 15)

Sec. 262-136. - Manner of payment.

Said bonds or any of them may be registered with secretary of said board in such manner as may be provided by the resolution of said board, and thereupon the secretary shall remove the coupons from any such bond that is registered in the name of the owner and that thereafter the interest and principal of said bonds are to be paid to the registered owner only. From time to time thereafter any such bond may be transferred by such registered owner in person or by attorney duly authorized on presentation of such bond to said secretary and such bond again registered as above, a similar statement being registered thereon. Such statement may be in substantially the following form:

(Date)

"This bond is registered, pursuant to Statute in such case made and provided, in the name of ____________ and the interest and principal hereof are payable hereafter to such owner"

If any bond shall be registered as aforesaid, the principal and interest thereof shall be payable to the registered owner. The secretary of said board shall enter in the registry of bonds kept by him under this article, or in a separate book, the fact of the registration of said bonds and in whose name respectively, so that such registry or book shall at all times show what bonds are registered and the names of the owners thereof.

(Laws of Fla. ch. 14766 (1931), § 16)

Sec. 262-137. - Status of act.

This article shall without reference to any other act of the legislature of Florida be full authority for the issuance and the sale of the bonds in this article authorized, which bonds shall have the qualities of negotiable paper under the law merchant, and shall not be invalid for irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers for value. No proceedings in respect to the issuance of any such bonds shall be necessary except such as are required by this article. The provisions of this Act shall constitute an irrepealable contract between said board and the holder of any such bonds and coupons thereof issued pursuant to the provisions hereof. Any holders of said bonds or coupons may, either at law or equity, by suit action, mandamus or other proceeding enforce and compel the performance of any of the duties required by this article of any of the officers or persons mentioned herein in relation to said bonds or the collection, enforcement and application of the taxes for the payment thereof.

(Laws of Fla. ch. 14766 (1931), § 17)

Sec. 262-138. - Cooperation with federal government.

In the event the board of commissioners of Naples Harbor District find it to be to the best interest of the district, the board is hereby authorized to pay over all or such portion of the proceeds of the sale of bonds that may be issued hereunder to the War Department of the United States or to any other department or agency of the United States for the purpose of assisting such department or agency in the construction of any of the works of the district; to contract with the government of the United States or any department or agency thereof for the aid of the government or for the aid of the district in any such work done or to be done by the government or by the district.

(Laws of Fla. ch. 18036 (1937), § 10)

Sec. 262-139. - Retirement of bonds.

It shall be the duty of said board out of the proceeds of the taxes levied and imposed by this article and out of any other monies in the possession of said board (and not pledged to the payment of the principal and interest of certificates of indebtedness) which monies so far as necessary are hereby set apart and appropriated for that purpose, to apply said monies and pay the interest on said bonds as the same fall due, and at the maturity of said bonds out of said monies to pay the principal thereof; and there shall be and is hereby created a sinking fund for the payment of principal of said bonds, and said board shall set apart and pay into such sinking fund annually out of the taxes levied and imposed under this article and any other revenue and funds of said district, at least five percent of amount of bonds outstanding.

Provided, however, in making the annual levy of taxes, a levy shall be made for debt service and a levy for maintenance, and the proceeds of the said levies shall not be diverted to any other purpose, except that if at the end of any fiscal year the said board shall have surplus funds in either the said sinking fund or the maintenance fund, the said board may in its discretion make such transfers from one fund to the other as the said board may deem for the best interest of the said district.

(Laws of Fla. ch. 14766 (1931), § 18; Laws of Fla. ch. 18036 (1937), § 10)

Sec. 262-140. - Handling funds.

That said board is hereby authorized and empowered to place the monies belonging to the sinking fund created by this article in such bank or banks in the State of Florida which will pay the highest rate of interest on such money while placed on deposit. The secretary of said board shall act as treasurer and be the custodian of the funds belonging to said board and to said district, and said funds shall be disbursed only on the order of said board, signed by the secretary and countersigned by the chairman thereof. Said board shall be and is hereby empowered and authorized to select as depository any bank or trust company organized under the laws of the United States or under the laws of the State of Florida, upon such terms and conditions as said board may find will yield the greatest income, and upon such terms as to security as the board shall deem proper, and such interest or income from such funds so deposited shall be used as to said board shall seem most expedient.

(Laws of Fla. ch. 14766 (1931), § 19)

Sec. 262-141. - Supervision of work.

All work done under the provisions of this article, both in construction and maintenance, shall be carried on under the supervision of a competent chief engineer to be employed by said board, and no money shall be paid out for any such work to any contractor or subcontractor until such work has been inspected and approved by such chief engineer.

(Laws of Fla. ch. 14766 (1931), § 20)

Sec. 262-142. - Docks, wharves, etc.

Wherever the board of commissioners shall deem it to the best interest of the district, the board is empowered to construct or cause to be constructed docks, quays, wharves and piers at such point or points within the district as may be deemed necessary for the use of shipping and for the convenience of the inhabitants of the district and for the users of the works of the district. The plans for and the estimates of cost of such construction shall be prepared by the chief engineer of the district. The district is authorized to fix and from time to time to alter the tolls and charges for the use by the public of any such docks, quays, wharves or piers. To obtain funds for such construction the district may issue certificates of indebtedness bearing interest at not to exceed eight percent per annum, and with maturities not exceeding ten years, and may pledge the revenues to be derived from such charges and tolls for the payment of the interest upon and principal of such certificates of indebtedness; provided, however, that such certificates shall not become a general charge against or an indebtedness of the district.

(Laws of Fla. ch. 18036 (1937), § 11)

Sec. 262-143. - Payment of certain expenses.

The board shall have the power to pay from the funds of the district the expenses of holding, conducting, canvassing the results of all elections required or authorized to be called or held by said board;

All expenses of organization of said board and all expenses necessarily incurred in connection with the formation of said district, and all other reasonable and necessary expenses, including the fees and expenses of an attorney, in the transaction of the business of the district and in carrying out and accomplishing the purposes of this article.

This section, however, shall not be construed to limit or restrict any of the powers vested in said board of commissioners by any other section or provision of this article [Laws of Fla. ch. 18036 (1937)].

(Laws of Fla. ch. 18036 (1937), § 12)

Sec. 262-144. - Unlawful acts.

Whoever shall willfully damage any ditch, canal, levee, waterway, jetty or other work established or constructed under this article, or who shall fill or obstruct the flow of water in any canal, waterway, or harbor, or remove any earth, stone or other material from the banks of any canal, waterway, ditch, jetty, harbor, without first having obtained permission in writing from said board to remove such material, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.

(Laws of Fla. ch. 14766 (1931), § 21)

State law reference— Penalty for violation, F.S. §§ 775.081, 775.082.

Secs. 262-145—262-165. - Reserved.